COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BARTON


398 S.W.2d 694 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Mettie Taylor BARTON and William H. Barton, her husband, Appellees.

Court of Appeals of Kentucky.

January 28, 1966.


Attorney(s) appearing for the Case

William A. Lamkin, Jr., Asst. Atty. Gen., Robert F. Matthews, Atty. Gen., H. C. Smith, Frankfort, Charles W. Huddleston, Bowling Green, Glenn McDonald, Louisville, for appellant.

James H. Lucas, Harlin & Orendorf, Bowling Green, for appellees.


DAVIS, Commissioner.

In this condemnation proceeding the appellees, landowners, recovered judgment of $17,750 pursuant to the jury's verdict. The Department of Highways appeals, asserting that the verdict is excessive and unsupported by evidence of probative value.

The acquisition of land in this case became necessary incident to the construction of Interstate Highway 65, south of Bowling Green. Also involved is partial reconstruction of Kentucky Highway 242...

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